The Sun. — London, England, 1826-01-17 00:00:00

FRENCH PAPERS. (From the Monikur of Saturday, Jan. 14.) NON•Orrielm; PAirr. PAnie, JAN. 13.—We are authOrized formally to contradict the news given by some journals of a dvlay in the opening of the Session, which will t:,1 4 ,e place on the 31st of this month, the day fixed its the Royal ordinance. We have positive information that the price of icons sold by foreign trader's in the ports of the iiingdtuti of Morocco, during the month of No ettalier last, Wa. ‘29 (runes per hectolitre (If Winchester hu , ,hel.,) but t hat the great scarcity of grain, and the dilftraity of carriage, caused by t,km mortality the camels, Is hich die for want of food, Clilibt:.l the price to rise excessively in the interior of the empire, and that letters from Fez state that the price there was three times as high as at Tangiet—that is to say, 87 (tones per hectolitre. . The drought which still continues gives reason to presume that the dreadful misery which now prevails must increase during the winter, the few -resources which the country possessed decreasing daily. These circumstances cause a rise in the price r of grain at Trieste and other Italian ports. (From the Quoadienne.) PARTS, J.N. 13.—A courier, who left St. Pe lersburgh on the 28th December, arrived at the Hotel of the Russian Legation to-day. At that time no uneasiness was felt respecting the dispo sitions of the garrison of that capital. There is no news from Warsaw, and the Ger. man Papers do not say a word' of what is. passing in Poland. Letters from the North speak of several arrests having taken place in St. Petersburgh, conse. quence of the events of the 2tith. A Prince Gat-- is mentioned among the persons ar rested. (From Me Courier Francais.) When the proclatnatioo of Constantine was known at Paris, the Russian Ambassador hastened to call together all persons of his nation, to make them take the oath to the new Emperor. Now that the proclamation of Nicholas is known In a manner equally official, people are astonished that the Russian Ambassador has not caused a new oath to be taken to that Prince. It seems that experience has rendered hito circumspect, and that the aspect of affairs makes him feel that there might be danger in being in ton great a hurry. ( Frees Me !:'toile' doted Sunday, Jan. 16.) PARIS, JAN. 14.---A letter from St. Peters. burgh, of the t Oth, adds to the details which we gave yesterday of the events of St. Pesersburgh. We will not dissemble how much these occur reucee are to be deplored, and, we need not add, how much they have affected the Emperor. But these who witnessed the noble conduct of this .Monarch, his magnanimity, his calm and itomoveable serenity ; those, too, who ad mired the enthusiasm even of the troops and of the old Generale; those who reflected on the conduct of the Grand Duke Michael, which Icd to such succelatful results; those, in fact, who consider that the rebels remained four hours in a public square, all the avenues to which were for a !tong time open, and that they received, by way of reinforcement, only. drunken soldiers nod some of the lowest class of CitiZeni, in this same state drunkenness ; that of all the regiments of the Guards some few companies were seduced, or hurried along, but that no one corps in mass took amy part in the seditious movement ; they, we say, who reflect upon all these things, will admit that we have experienced a momen tary crisis, which has only lauded to show in stronger colours the character of the Rus-, skin nation, the *silent fidelity of the army, and their general allaelunent to the august per sou of their legitimate Monarch. In fact, the spontaneous confessions of the principal culprits --:'the promptitude with which the mutineers were diVtiled at the first attaCk—the sincere repent. antra of the soldiers, who 'hastened 10 return to their barracks, and to deplore their error— all, in' odes word, proves, that it was not these persons who ought to be accused of the sad 'occurrence ; and that the wishes expressed in ,ftt vont' of the Grand Duke Constantine, With the obligation of an oath, annulled by the irrevocable determination of his imperial High ness, was only used as a mask to cover the real designs of the promoters of the revolt, whose 04- set:'( it . waS to excite a Movement w hicli might ,pintrgesi the itthsalan Elnpire into alt the hotirOW et 'ityturelfy, The regiments which ht.. voilecked. durieg the night round the Imperial Niece barn eel urord to their barracks. They wtitit' review ell un the ‘27th by, the Emperor. Dining the four hours that the conferences 'lasted on Ole i2fitit, it was re . peatedly de. dared by the Emperor' that a pardon would be, peeled to the soldiers, but none to the officers. Count Kodisof is appointed Military Governor. of St. Petershurgh, in place of the brave and odor turtate--Miloradowitch.. Lettera from Warsaw of the ed annOUnCe that the Grand Duke Constan tine hod caused' the oath to :he taken by all the capital (of Poland), and had sent the saute order to all the corps throughout the :kingdom. 'Phe Oath, was taken according to the fol. Intsing formula To the Emperor Nicholas, and his legitimate heir, the Grsu Duke Alexander." The report which was circulated at Berlin on the 6th, of two regiments having refused to take the oath, and of the Grand Duke Constantin e having caused several officers of these regiments to be , shot, is without foundation. The Emperor Ni cholas succeeds to the 'lmperial Crown or Russ. sin, *MI to those of the kingdoui of Poland umd the duchy of Finland, in consequence o f 'the two spontaneous renunciations of his . eugnat brother, the Grand Duke Constantine, the last will of the Emperor. Alexander, and of the fundamental last of the order of succession to the throne. .In .din conduct thus pursued by the Grand Duke Constantine, it may be remarked that he did'init . #l4l th e (blame to remel n vacant a single mometttr which would have been the case had he recognised the proclatnation which was hu+rdt= tit hi s faynnr at St. Petersburgh, It was us h i s c L ame t er of Grund Duke, therefore, that he retie iv ed. hii renunciation of all MS rights. .„ Private )ettera announce that the , plagu e has 411 LOU out with great virulence in Wallachia and. Moldavia. A courier from the French Embassy at St. Petersburgh, which left that capital on the 29th of December, arrived this day at the Foreign Office. A courier has also arrived at the Russian Embassy. _ Flirtf 61 Ftl2ll)lL , -..PAltig. JAN. 14.--Five per Cents. ffill. aie.—Three per Cents., 67f. 2.1e.-13ank Stock, 2,045.. itcnte de Naples, 77f. 80c.—Royal Spanish ,Loan, Lisytian Loan, 800f.—Exchange on London, one month, 251. 15e. ; three ditto, 24f. 90e.—(courr Aulhentique.) n.h: PI? ESENT4TION OF THE COUNTY OF YORK. (From the Second Edition or the Leeds Mercury of Saturday.) This day Sir •J. I'. B. .' Anstone, Bart., accompanied by Francis Cholmley, Esq., and the Rev. Sydney • Smith, waited upon Viscount Alorpeth, at Castle Howard, and presented to him a requisition, of which the following is a copy ; " TO VISCOUNT MORPF.TII. . . " Jan. 14, 182(. " My Lord—We, the undersigned, believing that you acre disposed to maimain those principles of 'civil and religious liberty, and of enlightened policy, with respect to these great interests upon which tho prosperity of thin country depends, request that you will other yourself a cr.ndidate_ to represent the County of York, in Parliament, at the ensuing general election.' Edw. Dodsworth , Rev. IL Chaloner • George Strickland ' W. Hotharn • J. C. Ramsden W. B. t 'volte Thomas Militias Sunderland Cooke' . • Henry W. Yeoman H. Bower It. W. Picnic 1,. W. Childers . ' Samuel Crompton Robert Cooke R. B. Livesay . William James Ellis William Consctt W. :11. Milner Etlin. Turton F. L. Wood John Leife Benjamin Dealtry Rev. W. Wharton . P. Ii Cooke Rev. Sydney Smith A. t.mpson John Button, High Sheriff Thomas Smith ' D'Arcy Hutton George Cayley henry Lawson D. Sykes Thomas stapleton Richard Sykes Thomas Errington Bev. Robert Croft Henry Withani Rev. M. Popple Rev. J. 'rate William Bourne Sheldon Cratlock F. t:. Parker John Wharton J. B. 14 Marche William Close John Holdsworth Isaac Searth Samuel Martin Thomas Hutchinson W. H. Holdsworth William Searth J. V. B. Johnstone Richard Searth M. Beverley • • John Andrew John Hutchinson Robert L. Donde& Henry Clarke . Rev. Joseph'Harrison Thomas Marsh Rev. Joseph Wilkinson Thomas Napper John Beardshaw John Sniale Rev. Thomas Monson 'William Conley George Serjeantson William Sanders George Ford Clarke - William Smith K. W. Pierce NVilliain Askew L. M. Barret William SMgden . . F. Redfearn Edward Cayley Mark Milbank Richard Hainforth Rev. T. T. Monson William Clough C. H. Elaley 11. Parker James Burchall, 111. D. W. Empstm Al ichael Brunton E. Petra George Croft M. Wyvill Christopher Bowes W. Wyvill G. H. 1. Dundee Rev. E. Wyvill Francis Cholmley . S. T. Scroope Charles Gregg Fairfax N. Sykes . Thomas Pigott Fairfax - Rev. H. Basket " It is proper to inform your L or d s hip, t h at it; was . judged• right by those with whom this me a sure originated, to circulate the requisition first in the North and East Itioing, where your Lordship is best k nown , an d i n t h e f ormer of which your fa mily has so long resided.. The active measures taken-by those gentlemen who have already declared themselves candidates for the representation of the county have created a necessity that no time should he lost in bringing the wishetof your friends to ' an issue, and have rendered it impossible to , circulate this re quisition in a proper manner in the West Riding. It has been thought better, therefore, not to lay any list from the Riding before your Lordship, rather than to transmit one ; which, from its liasty formation; would convey to you an imperfect. sense of those' liberal and enlightened opinions which are known to be prevalent in that Most miportant division of the county. Front this rule of limitation,: imposed .by the necessity Odle ease, some gentlemen of the Nest. Riding, who have, the honour to be known to your Lordship, have requested an exemptitytiati, will be found in the list."' .'l'o lids Requisition : his Lordship returned the following answer:— " flentlemen.—l have head with deep respect the requisi tion which you have done me the honour to convey to me, signed by a large and important body of freeholders of this county, and I beg leave to return to them, through you, any most sincere and grateful acknoWledgmenta. When I consider the number, the situation, and the cha racter of' those who have shown the this high mark of confidence, and at the same time reflect open my own youth and nee t s. retry inexperience I feel duly impressed that I can be indebted fora to no personal claim, but entirely to the concurrence which you justly suppose me to entertain in the great principles re. commended ia the requisition. • • " I have•no hesitation' in declaring that I conceive an partial maintenance of civil and religious freedom to be not only in 'itself the truest -and noblest line of policy, but that also which is most consonant to the genuine principles of the Protestant Church, and of the British Constitution. I regard the application of an enlarged and liberal spirit to the detail* of Goyernment and trade, as es , entially calculated to ensure the lutist solid adiantages to the nation. I ant persuaded that I agree with you in desiring the adoption of those measures, which, avoiding an undue preference to interests in thentselves strictly identified, would give to the diffexent classes of labour their just and adequate reward. Fully sensible of the value of the 'institutions under which it is our happiness to live, I not prepared to assent to any,practicable mode by which the consti tution would be Strengthened and renovated. Nor can I dis guise My opinion, that, in addition to these enlightened mea sures, of domeittie policy, mune mean* ought promptly to be ,taken for entincing au anteliorAtion in the condition of the Slai , e'linpulittioil of our colonies--a subject which appears to me deeply toltivolve thettputation of this country, and call for retiewed t vigiltinee of Perliament. . " It would nut he easy to express the satisfaction and the pride which it would have afforded me to have beCorne one of the representatives'of the county of York, as the organ of such principles f hot:I think it duti t o those whose linemen's 11110 now ticknowWging, however reluctantly, to deelare explicitly, that circumstances, upon' *rah Ineed not now enlarge, would not justify me in Attempting to support the great and unavoid able exitenees of a cOnkcated vlc4;tioo. "'Allow Inc to add, that Lowever this consideration way produde me from' filling the station to which your imlulgcnce has invited me, .I .shall carry wlth me into e v er y s i tuat i on in whichliereotter I may be place, antl upon every opportunity. Which may ()emir to nay limited endeavours, a gratitude that can never be effaced", and ti - de*ire to serve you that will always continue unabated. 1. ant.. Gentlemen, your most obedi e nt and devoted servant, " It is needless to add, that the deputation were received with the most dignified ppliteness and the most cordial hospitality, %VAT's:no—Wet learn that the supply of water in this city, exclusive of whaVis running to waste in the county, was on the? 11 tlt January nicer tallied to be 'RO cubic fe(q, car, 36/30 Scots pints per minute, being 31 l'i,SGO cubit:: feet per day, an d yi e ldi ng hove U IMPO i• 11 gallons per day, which is inure thnn an ample allowance for each person o f r , p o pulation of 1.,50,000 inhabitants, besides gi,soo cubic feet per day for public works, sm......(KelininirghCaurunt, Jan. 16.) CAUTION To inoNFot Nnutts.--Lust week, as he matt n ho attends the furnaCe At the Etna Iron Works was prep.uing to charge att air furnace to cast a large cylinder, it occurred to Nlr. Cleg g to examine t wo o ld cannon which were to be mixed in the chary ; the precaution was most fortunate, us a 'l2 pounder proved to be deeply ioaded and allotted, end in all probability would have done considerable, mischief to the works *WI numerous hands pmpioyed, as it would in evitably have exploded oti,heating, it is to be observed, that this gun had beets the faithful guardian of a gateway in Urail well-street for up wards of '2.5 year;.--(Scuich Popor,) LAW INTLLLIGENCE. COURT OP CHANCERY, JAN. 16, The Master of the ROLLS eat for the Lord Chancellor, in eopsequence of the continued indisposition of his Lordship, and heard two motions, which were matters of course, and not of the least interest, to the public. ~ VICE-CHANC'ELLOR'S COURT, JAN. 16. °REAVES AND OTHERS v. EARLE. AND OTHERS. Mr: SOODIt N'RPOeitred 'to strew cause in support of an in junction granted in this cause, to restrain the defendant from cutting down any of tile beecli.treem growing - on 6i)o acres of land near High Wycomb, Bucks, of. which she was tenant for life, under the will of .Mr. Hicks deceased. He read affidavits of several persons, to prove that beech was considered a timber tree in Buckinghamshire, and that it was always sold like other timber trees, by the foot. On the other itide Affidavits of a di rectly contrary tendenty had been filed, alleging that beech was consider • as underwood, and always sold by the last. The Counsel contended that the proof was in favour : of the plain. tit; and that the trees being timber, the injunction ought to stand. Mr. IlonNx argued for the defendant, that under the terms of the will and codicil, she was tenant for life without impeach ment of waste, and that, therefore, whether beech alioniti or should not he considered timber, she was entitled to fell it, as growing on her own estate. The VICE-Cirmicx:r.r.ort pronounced against this view of the case, and decided that the estate of the defendant (lid not allow her to cut timber at all, at the same time expressing his opinion that the weight of th e ev id ence w hi c h had been adduced was greatly in favour of beech being considered as.. timber, ac cording to the custom of Buckinghamshire. The injunction was therefore ordered to subsiit. . • • DI-DE TOWNSEND, A DANEREPT, .This petition - wits called on 'the first thing On the sitting of the Court ; but no one appearing, it stood over-until the above case had been disposed of. Mr. 31ONTAGU then appeared, 'and ObjeCied that the'notice which had been given was not sufficient for bringing► on this petition at this time. The cause had been appointed to he heard before the Lord Chancellor, and it did not appear that the hearing was removed to this Court by any authority of his Lordship. The VICE-CIIANCELLOR said, that he had appohited thk morning to hear it. in consequence of the Lord Chancellor's direction, as he understood. Mr.MON TAG u nos believe tints his Lordship had •given any such direction. Mr. Townsend, the petitioner, who appeared in person, said, that the notices had been regularly given by a solicitor of the Court, and that he thought this opposition on the part of Mr. Montagu, who knew all the circumstances of the case, was • , extremely frivolous and vexation*. lie (Mr. Townsend) had been kept in the Court of Chancery fur more than twenty years, anti at length the Lord Chancellor had agreed -to hear his pea thin on the 29th of December last. When that clay arrived. his Lord Ship was too unwell to attend, and fixed the 4th Jan., but his Lordship's illness stiWcontinuing, an applic a tion was made to the Vice,Chancellor, who, upon having the facts stated, and having read the petition, ordered it to caw on the first thing .this morning. lie trusted, therefore, that his Honour would ; not now again perthit it to stand over, and urged the length of time he had been kept in the court, and the distress to , which he had con s e quent l y b een re d uced, i n favour •of HS ap. pliention. • Mr. MON TAGtf protested that, his only object was to preserve the regularity of the proceedings of the Court. its to the im portance of this petition, he could stay there were many others which had a much better right (if their IMpertance could give them any such right) than this, to take place of other bitsitiess coming on in its regular course. • The VICE-CUANCELLOR said be had not quite understood the facts of the case when he fixed it foi this • morning : as he had done :co, he would not now retract, but would have the pe tition heard on Wednesday morning. COURT OF KIN 'S 'BENCH, JAL. In. (Sittings Nytirs Lord 'Chief Jitstice Annorr and Special Juries.) HO L LIDA Y v. SIGEL, T HE ELDER. This was an action brought by the plaintiff, a gentleman of fortune, against the defenda n t, w h o i s an attorney, to recover the sun) of 300/., being the amount of &Bank of England note, dated 10th May, UM, and 'numbered IMO, which it was al leged on the part of the plaintiff, that he had loet,.und that the defendant found it, and applied it to hitt own purposes. 'rho di:14;11(1ton pleaded Not t;ttilty, whereupon issue was joined. Mr. :ieettl.f:TT stated the cane to the Jury, and by the evi. device which be celled in heliport of that statetnent, it appeared that both the plaintiff and defendant were sporting men, and well known on til l turf. That 'on the aa of June,• 1023, the plaintiff' fleeing that morning received.; 3,0g01. his bankers,' Messrs. March' and Co.,' consisting of four 5001. notes, end some small notes, intended ) at Tattersall's, It being one of the great nettling tlnytl there, :and paid • away three of the fnur lerge notes.. Ile ahorelee, after discovered that up had lust the other 5004 and iintnediately intbrin e d his attorney, 31r. Lee, what , i4Viii Ago , • nt'Tattersall's, of the circumstance, and cominite4l hitn on the 4tep4 h e shunt& take to recover it, when thatgentleman, on lteitring Opt Air. Holliday did not knew either therittinber or the 'date orate note, advised lam to keep the matter quiet'for a little while, so ' that the person into whose ltanda the note tuighehave got Might not be so far put upon his guard its t t i defer nceSentiog, it at the ' Bank,. or of paying it away So as to atinifilif being taken to the Bank in the course of a short tiate.e:trtiit guivide was .followeti, and nothing inure was heard of the alte i tilLthaensue ingmonth of November,'when .31 r . Lee pet abatet tracing it out ; and having ascertained that it bad been' Jilt% ttibrtutik' of England by Messrs. Hamann and Co. the litUtkerse application ' was immediately made to them upon the ,sulimat,,,entLitewits; then discovered that the note hail been paid trito.their Bonds on the ]oth of June by the defendant, hut , thtitllttiiitiOnet en tered to his account because lie (the tietembitell flrettletlite note exchanged for other notes, end then naitkibeeptdOtily of the money, and took away with Aim the jot t etti er 2001. Upon these, cireurngt ances be.Stig'• ;efeettitiiiicatede' 31r. Lee forthwith applied to the defeeidentlifpr , to nil eniii. telligence respecting the plaintiff eljejffe'reutal the defendant that he was cotne to hitn-ablidi a 'mut. bank note.; which had been lust by the plaintiff: filetdefendant :laid Its knew nothing of any such rtie, and Baked w hy ill r . L eo ' plied to him about it? Mr. Lee then told hint or the result of ' his inquiries tit his (the defencianet) 'fetid:ere,' and observed' diet the defendant muet'know ,seinething.of the note. Where. upon the defendant produced his pass.beqlr, to show that n note for heft/. had been entered to his account. On Mr. Lee'A cross-examination, he admitted that the de. fendant immediately afterwards ohserved,e , 0, now vott , 'lnen. . don it, you bring it to toy recollection, that I received a note of 5001: frem a Mr.Will:ins, on the 2,1 of June : of whom I lied won 351.i•0f the. Ascot races.'' The defendant further'Stated that Mr. Wilkins not having any cash about him at the races, had appointed the, next Monday (being the' 2tl of June) to meet him (the defendant) at' the Spring.gerden CoffeeAtouse to pay it. That he,accordingly met that gentleman there, who paid him the 53/. wjtit a 500/. Bank note and that he (the defend. ant) gave Wilkins it check for 4351. , as the difference ; but the defendant did not know who Mr. Wilkins' was, nor whet& he lived, for he had never seen him before the Ascot Races, nor since the 'meeting at e.,pring.gartiens. On the matter being further investigated it was ascertained that a 1 1.1 r. Chifney and a 3 4 1 d r. Sfirtr lust both et Tette:ll4l's on the day the o the defendant there, an d i n t h e : 11i ra il ei is w Inio not e , were e, w course of the Morning they observed hint to stoop and pick up sontething. Chifney- asked the defendant whether it wax Bank notes that he had taken up? when the defendant replied that it was some small notes he had just dropped. Mr. Strather et first supposed that he had himself dropped them, and looked at his pneket-Itook, but found all hits money Safe. Just before the defendant stooped down both these persons had Keen the plaintiff pass Icy the very spot with Ills hands in hie pockette.... Mr. Strather denied that the defendant ever: showed hie) title. I fl 51. or any other note on that occasion; as he had stated to Mr. Lee when that gentlemen applied to WM. Upon this evidence, Mr. ScanewrT contended that it wee quite clear the note in qeeetion had been loSt by the plitintil/ and that as the identi ca l no t e hail afterwards' been traced to the defendant, who had been twee to pick up eomething at Tatter- Rail's, on the day when the loss occurred, these were eireum. stances NO strong and coefirmatory of the fact that the note then found was the property of the plaintiff, dna lye submitted theta . with confidence to the Jury, feeling assured. , that unless thatie.' fendant made out a very strong case, to rebut the presumption, they would give th e p l a i nt i ff * their verilict,'erid thereby cause to he restored . to hint the property - which had'heen very suepi. eiously, at least, withheld front him. Mr. Ituononete, on the part of the defenciant, contended that the evidence was not Suffieient to warrant the ~one in Sup.: posing the note which the pleintiff claimed 14 have been foUnd by the defeinlint..`rh eec h a d beets great remiseness ott the part of the plaintiff in not. in a lde g liisloes publicly known, by width means perions might he , protected trent the embarrassing situa. tutu in w hi ch his Client was Pliteita haring received' a' lost note (supposing it to be see h) in the ,couree litstra4sattio to • on the turf, where precaution etas not strictly attended to an among commercial men, Without having taken care of itiformirik hintseg well ortlig intitvidual of ; wham iteereceiSed lt. The Act • was as it had been stated by Mr. Lee On bts'emso - e"mkr0,0011, that the note Which' the'llefentlant piikfiehis banker's w as re . eeived by him front Wilkins; of Obath unfortunately the deft ndent had . no ?rived of the bette4t of the tonitiony tpr4fl,7" ,He should, km!. further knowledge, itstal, wait , theeelbee tie. ever, be able to prove that the check for 4451. was actually ' given by the defendant on the day in question; and moreover he should show that the plaintiff had on one or two occasions given a ♦ery different account of the time and manner in whiCh the loss occurred, Besides, was it not possible, was it notiwo bable, that at a place so crowded as Tattersall's, the plaintiff might, in the confusion, have paid away the note with the . others? Such a mistake was very likely to occur, without any imputation being thrown on the respectable gentleman to whom those other notes were paid. In the absence, tlicrfore, of any positive proof that the note was found by the defendant, and considering the great length of time that elapsed before the plaintiff made any inquiries about it, and especially bearing in mind the circumstance of the check being given in change by the defendant to Mr. Wilkins, and the contradictory state ments that had been made by the plaintiff himself as to the time and manner of the loss, the Learned Counsel submitted that the Jury would not be justified in making the presumption which Mr. Scarlett had contended for, but would, in the absence of more positive proof, consider the defendant as having become the tow ',fide owner of the note under circumstances that could imply no want of ordinary caution on his part ; it was owing to the negligence and rerniptiness of the plaiatiffalone in not duly apprizing the public of the note having been lost, that it had re mamed so long in circulation, and therefore the defendant, as such bottajidc'holder, could net, at such distance of time, end under such Circumstances, be held liable to refund it to the plaintiff. Mr. O'Meara was then called, and stated, that in the latter end of October, 184, he saw the plaintiff at Newmarket ; and was in his company at the Queen's Head there. That in the course of the evening some conversation took place about the 5001. which had been lost by the plaintiff; and the witness ra ther •thought the plaintiff said something about his having heard that Mr. Sigil (the defendant) had found it. He stated, however, that the loss occurred on the day when he had had a row with the witness at Tattersall's, and which was in the latter end of April, 11123, full six weeks before the Id of June. This wittiest; did not know any, person of the name of Wilkinti. A' person of the name of Sayers, who lives at Tattersall's, was called to prove that the plaintiff had mentioned his loss to him as being before the'2d of June, but did not,recollect any such conversation. One or twn other witnesses being examined, whose evidence was very unimportant, and which closed the defence, Mr. SCAIR LETT addressed the Jury in reply, and said that the Story of Mr. Wilkins was all a fiction, and that Mr. Wil kins himself was a creature of the imagination merely. As to the discrepancy that was attempted to be shown in the plain tiff's account of his loss, it amounted to a mere mistake in point of time; in all other respects, the evid,nce that had been called by Mr. Brougham had strengthened the plaintiff's case rather than weakened it; and he should leave it in the hands of the Jury with the same confidence in which he had formerly done, feeling quite satisfied that nothing that had been said by his Learned Friend ns to the want of publicity of the loss, or the contradictory accounts of the plaintiff, was sufficient to in. duce them to withhold their verdict from his client. The Loan CHIEF JUSTICE summed up the evidence, and observed, that in his opinion that which had been given on the 'part of the defendant had not varied the case in substance in any degree, and therefore the questions for the Jury to con sider were, whether the plaintiff' did actually lose a note of kOOL, and whether the note which had been traced by him to the defendant was such note ; 'and if so, whether the defendant did find it as had been represented, or whether he had become a banafide holder of it. In the latter case, unless there could be shown a want of caution on his part in receiving it, their verdict must be for the defendant ; but if they did not consider him to be a bone fide holder under such circumstances as would exonerate him from want of due caution ; or if they believed that the note he found was the one which the plaintiff - lost, their verdict must be for the plaintiff. The Jury immediately returned a verdict for the plaintiff.— Damages 6001. BAXTER. ♦Nt) ANOTHER V. TIIF. EARL OF PORTSMOUTH. This was an action brought by Messrs. Baxter and Maclew, coachmakers, of Long Acre, to recover the sum 0f.4771. Us. 7d., being the balance of an account owing to them by the Right Honourable the Earl of Portsmouth, for the hire of a landau and harness for four horses, and also a phaeton and harness for two. Mr. SCAR LETT stated the case, and said he understood the defence 'which would be' set up was, the hisnacy of the defen dant. He could not dispute, after the fact had been es tablished by a Commission, that Lord Portsmouth was tie rdaenugtendddelienngd. the w hole o b le efe o r t e ' thettte Commissiontimeover wliic e l l i it th i e ,ed p r ia va rious occasions acted in a publi c ca p ac i t y. B es id es , accor di ng to law, a lunatic was not p rotecte d b y hi s l unacy f rom act i ons for necessaries which w e r e su i ta bl e to hi s stat i on an d d egree . • The' late Master of the Bolls bad, i n t h e case o f N e il • v . :hurley, 9 Vesey, 4711, a ct ua lly re f use d to set aside a contract -h flo ti r: Ports month month discharged all the. usu a l o ffi ces life, and 'had on signed by a lunatic although it was for a mum to a large amount. The Learned' Counsel then proved. by a clerk of the plaintiff', that Lord Portsmouth had contracted in the year 1818 to hire a phaeton and harness for five years certain at seventy guineas a year ; and that his Lordship had, in pursuance that contract, used the phaeton and harness up to the year -1823. That by another agreement (but which was not signed), his Lordship hired the landau and harness for 126/. a year for five years, and had used it fur the full ;period. Indeed the phaeton warsent doWn to Basinglitoke, for the use of his Lordship, while the Commission of lunacy was sitting. The carriages were of a very superior make, and were fitted up both fin town and country use. .• linounMAU said . that lie, on the part of the defendant, should contend, that nit bYlhe 'writ of inquisition, which was returned on the 28th February 11123, the Esti of Portsmouth was found to be of unsound mind from the Ist January 1809 ; his Lordship was therefore incapable of making the contract that had been proved by tha.plaielial jLw i theis. The LORD Quizr .inszzcs:....tle fact o f lunacy you ad. mit, Mr. Scarlett. - Mr. SCAItI.ET MY' bard. Mr: BlioUGlAli sit contended that there was a distinction be tween the case of infancy and that of lunacy. In the first case 'the law gave the infant a power to reader void his contract if lie choose, or otherwise he might avail himself of it ; whereas in thocatie of a lunatic there•was..l4,,,contracting ..mind at all ; there was no person eapable of making n contract.. , 111 r, ticattr.E TT observed that' 13 Vesey, had said that a conttniasion of lunacy would not protect a luna tic from an action. , • - • :I ,_ The Lone CHIEF JUSTICE was of opinion .that a person might recover of a Itinafie'rensonable minis, anti that not upon the ground of a contract, but tvod the ground of the lunatic being the actual user of the commodity, which was a IVY die, ' tinct case from a contract. • Mr. BRIM° !lASI thought tht latter cue wns no other than an implied contract; and he, conceived that the incapacity cl the lunatic was AS applicable to anlmplied AS to an actual contract. The Lonb Cum' JUSTICE said, it had been laid down in the books as a peation, whether a person could set up against his own act his incompetency to make it. His Lordship wished not to be understood to say that unexecuted contracts could bind, a peraim , who was not capable of making a contract ; but if a person who lived at large in the world chose to hire car riages, and such oilier things as were suitable to his st at i on i n life, his Lord s hi p was clearly of opinion he was bound t o pay for them, an d t h at he was not at liberty to say that he was a !emetic and incapable of contracting. BROUGMAM said this action was defended by the C,)m mittee of Lord Portionouth, who wished to have his Lord ship's opinion on the question ; but undoubtedly after what his Lordship had said, he ('dr. Brougham) should not go to the Jury, especially as he understood his Lordship to say that the'question, whether the things were necessary or not, did not arise. The LOHD CHIEF JUXTIcu did not mean to say that if the charges were much as were quite unreasonable, and for things unsuitable to the station of life of the lunatic, that the Jury might not then say an unfair advantage had been taken of the imbecility of mind of the party ; but in this case there was no proof that any such advantage had been taken. Mr. .I,inouattaat could not say that there appeared to be any, extravagant charges; though 70 guineas a year was a large Slim certainly t o pay f or t h e use o f a l an d au. The' Lout) CHIEF J usT tcr..—lt might not be en un. reasonable thing for Lord -Portsmouth to have a very hand smite carriage, and if he does he must pay a very handsome price for it. Mr. BROUGHAM hoped his Lordship would given him leave to move to set aside the verdict, and enter a non-suit upon the point lie h4tl Mentioned. • The linttn entEr JusTicEr-011 1 certainly. A. verdict was then found fur the plaintilfter 5431. JONES V. THE EARL 'OP EGMONT. • This was an action to recover the sum of 6001. en A-Bill of Exchange, which t h e plaintilfhati accepted for the accommoda. tion 'of the Noble defendant when Lord Pereira!, and which the jaaintiff hail been obliged to pay. 111 r. BROUGHAM stated that the case arose out of some paper transactions in which Lord Egmont had been engaged, for the' purpoic of raising large sums of niony, and that he thought it was tt ease litter to be settled out of ()atm than bye , Jury. Mr. SCAnt.E . T.I., on the part of the defendant, said, that' Lord Egmont was perfectly ready to pay the money if 'it could he proved that it, had been paid by the plaintifPfor hie I.orcl. ship's use ; and lie was quite willing -to acc e d e to tbs prapp4i. tion of reeetende. it verdict was then taken for the plaintiff; - subject, to a ;dim% • • WEST INDIA DOCKS. STOCK ACCOUNT for the Week ending Saturday,the 14th of January, 1826. Delivered. I Home Con sumption. E xporta tlOrl. 2,070 101 1,427 1,298 . 1 G 50 3,409' 1,214 Stock on Hand. 35,530 2,619 832 1,9 g 6,063 14,301 1,003 21,1141 1441 201 1,231 954 13,71= 1,412 77, 243 1,604 5,158 3,018 800 4,092 288 486 19,294 888 503 841 180 8.0 1,500 6,03 3 30 1 15:) 355 10,0 1 `..1) 6,25 5 13,441; 51 1,543 3,710 4,036 2111 51f 17 6 23 7,859 1,755 929 187, 7,0 10 6,76 0 12,20 53,957 East India coirtte .‘ sks 12 .: :61: 0 Barrels 9ird Bags OVS St. raining°, Brazil; and Ha- Casks 8 11 H'Annali Coffey . .Barrels 414 . Bags 7.1,273 ♦raiclos. ( Hhds West India Trs 1. Ills Sugar Brasil . Chests Ilavanah Boxes Last India & 31 auritius Ba g s Casks tPus /Ids _( Pns 1 Hds ollands - JPns /Ida rrack . - Casks -. Molasses - Rum - Brandy Wine f Pipea - Hds - s Ti r l: Coffee° - Bags Cocos - • ( Casks 1 Bags Pimento - J Casks (Cass Ginger - Bags oviks Po!)Pe* • 1 Bags 1 Cotton . B r Bags Aloes G otirds Arrow Root . Casks Boxes r Boxes Ilslaatu - . A Jars {Casks B.rk . . B B em dli ns Bags Cassia Fistula - Casks Casks Cloves - . 1 Bags Cochineal .. • 1 . L a g s ns Elephants' Teeth No. Gum . . 4 lia . o s x k e s s Hemp . . Tons Hides . . No. Horns . . No. Indigo . . SeronN Ipecacuanha - ri g Jalap . . Bales 8 IThals . Galls on Castor s , ui • Casks { Palm . Casks Pearl Shell - f Casks Sero Pine Apple . l, Casks Rice and Paddy j Casks i Bags Sago - • Boxes Sarsaparilla • Bales Tallow - - Casks Tortoise Shell - { C B a o s x k e s s Turtle . - Casks Tapioca - - Casks WOOD. Alabogany ( Logs Pieces ( &lids leOgs7 Cedar • p cs & Pik , African Timber f ves Santa Maria C t 1 1° Z . , Ebony i . Tons frig. g. Vitas . Tons_ " Log Wood Tons - Log Wood ~ Tons Fustic . Toni Nicaragua Wood Tons Cam Wood . Tons , Bar Wood {knit ces Brazilletto Tons Saunders Wood . Pieces Lancewood Spars No. Stases . No. • British Plantation GAFee LIVERPOOL. COLONIAL. IMPORTS OF LIVERPO OL, COMPAR ID Wit* TIIOSE OF TILE REST 05' GREAT .BRITAIN. Cotton Wool iuto Liverpool, year 1825 up to December 703,352 bags. , Ditto, average A previous years, 468,200 bags. • Rest of Great Britain, year 1825, 111,210 bags-- Ditto, average 5 previous years, 88,500 bags- Sugar into Liverpool, year 1825, up to Dec. 31, 100 ei ; 3,200 boxes. _ Ditto, average s_previons years, 1,600 chests; 6,100 bo xes Rest of Great Britain, year 1825, 4,700 chests; . 4 " boxes. Ditto, average S previouit years, 4,000 chests • )0,70- bow Coffee into Liverp oo l, year 1825, up to Dec. 3 1, ' 6,040 ells" 12,430 bags and barrels. Ditto, average 5 previous years, 4,600 chests ; 1 5 ) 3 N Ngg and barrels. Rest of Great B r i ta i n, year 1825, 29,100 a- 10 casks; 18,,3t b and barrels. . Ditto, average 5 previous years, 31,110 casks; 102,700 bags and barrels. Rum into Liverpool, year 1825, up to Dec. 31 1- 417811 puncheons; 1,490 hogsheads. Ditto, average 5 previous years, 8,240 puncheons; 1, 410 hogsheads. Rest of Great Britain, year 1825, 27,320 puncheons; Is m hogsheads. Ditto, average 5 previous y ears , 39 , 130 punc h eons ; 1 ) 9 40 hogsheads. MILITIA.--A circular letter has been addres ilttd to every militia regiment from the War Office, desiring t t i: Colonels to dir ec t t h e Staff Officers to have every pad °I . clothing and n ece ssaries in stores im me di ate l y n sorted into I of serviceable and unserv i cea b le, , witltaccurate returns, 4 4 e- t i le readiness for the insp ec ti on of officers specially appointed "Y "ha Board of Ordn ance , w h o i t appears are to be sent all uver. m,/ kingdom up on t hi s serv i ce. It is also contemplated to on W the mi li tia for tr a ini ng i n t h e present year. A singular divine service. . in the parish c h urc h o f St. Ma i y-le-Strand, i mme diately a fter' proceeding ts as a d opted on 8. , "(t0r It appear there has been a difference existing for some time b etween the paris.hioners and the clergyman r e. " specting the appointment ot parish clerk. The appointment if in the recto r , the salary in the parish. The parishioners reques t " ed the rect or to appoint an old parishioner of respectabili t Yl the curate recommen d ed a stranger ; th e latter succ e eded, an the stranger now officiates, but the parish refuses to pay an salary. On S un d ay , t h e Bt h , t h e c h urc hwarden dtzired theclea to read a notice for the meeting of a vet.try In the usual manner , which he refused unless paid for; the churchwarden then di rected hint to make a charge; he read the notice, and the follow ing day Kent in a regular bill, charging 10s. 6d. for every 1.01 delivered since, his appointment. The vestry determined i resist this unnutnd. and it being necessary to publish a panic"; lar notice in the Church oniSunday last, the notice was tendered first to the clerk then to the curate to read; both gave a distill'ct refusal, when, to the surprise of the cangregation, immed iate l y' , after the sernl9ll., their attention was directed to the; beadle mounting one of the seats by the font, and with stentorian IO . ' — "Oil o i/4 .!delivered the required notice. Th e matters, f likely to end b y a consultat i on w i t h some o f t h e L ong BAAge!!_.'' electors' Commons; - ' . ' '